83 



gatiou of their rivers will belong to each of the American nations within 

 its own territories. The application of colonial principles of exchisiou, 

 therefore, can not be admitted by the United States as lawful on any 

 part of the northwest coast of America, or as belonging to any Euro- 

 pean nation. Their own settlements there, when organized as terri- 

 torial governments, will be adapted to the freedom of their own insti- 

 tutions, and, as constituent parts of the Union, be subject to the prin- 

 ciples and provisions of their constitution. The right of carrying on 

 trade with the natives throughout the northwest coast they (the United 

 States) can not renounce. With the Russian settlements at Kodiak, or 

 at jS"ew Archangel, they may fairly claim the advantage of a free trade, 

 having so long enjoyed it unmolested, and because it has been and 

 would continue to be as advantageous at least to those settlements as 

 to them. But they will not contest the right of Russia to prohibit the 

 traffic, as strictly confined to the Russian settlement itself and not 

 extending to the original natives of the coast." TJ. 8. Case, Vol. 1, 

 App., 145, 146, 148. 



Further reference to the diplomatic correspondence relating to the 

 the Ukase of 1821 would seem to be unnecessary. The evidence is 

 overwhelming that the positions taken by the United States and Great 

 Britain were substantially alike, namely, that Russia claimed more ter- 

 ritory on the northwest coast of America than it had title to, either by 

 discovery or occupancy, and that its interdict of the approach of for- 

 eign vessels nearer to its coasts than 100 Italian miles was contrary to 

 the principles of international law and in violation of the rights of the 

 citizens and subjects of other countries engaged in lawful business on 

 the waters covered by that regulation. 



The negotiations between Russia and the United States resulted in 

 the treaty of 1824, the material parts of which are as follows: 



"Art. 1. It is agreed that in any part of the Great Ocean, com- 

 monly called the Pacific Ocean or South Sea, the respective citizens or 

 subjects of the High Contracting Powers shall be neither disturbed 

 nor restrained either in navigation or in fishing, or in tlie power of 

 resorting to the coasts, upon points which may not already have been 

 occupied for the purpose of trading with the natives, saving always, 

 the restrictions and conditions determined by the following articles. 



" Art. 2. With a view of preventing the rights of navigation and of 

 fishing exercised upon the Great Ocean by the citizens and subjects of 

 the High Contracting Powers from becoming the pretext for an illicit 



